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Islam
Although the Qur’an stresses forgiveness and reconciliation, the
actual penal code of Islam, the shari’ah, is based on the doctrine of
retaliation.
The punishment for murder is beheading; for theft, amputation
of the right hand; for adultery and blasphemy, stoning to death; for
drunkenness, flogging. These punishments have to be seen in the
context of the society in which the Prophet Muhammad (pbuh) lived.
His was a tribal society and one in which disputes over adultery,
murder or theft of a camel could end in a bloody feud which could
last for generations.
Some of these punishments seem very harsh to us today, but we
should remember that they were set down in the seventh century,
when human rights were unheard of. Also there were no prisons in
the Arabian Desert and so wrongs had to be punished either by a fine
or by corporal punishment of some kind.
Islam also teaches the Law of retaliation and the Law of Love
of the New Testament. Justice must be done, as the law of nature
cannot be violated, but mercy is better than revenge, and forgiveness
is better than retaliation:
‘The reward for an injury is an equal injury back; but if a
person forgives instead, and is reconciled, that will earn
reward from Allah.’
1). What is Islamic law called?
2).‘The reward for an injury is an equal injury back.’ What
does this passage mean? Include two examples to support
your explanation
3). Why do you Muslims believe ‘mercy is better than revenge’?
Buddhism
According to the Buddhist view, in order to make a
society secure and safe, everyone should have respect for
the rights of others to live happily and possess property.
Buddhism’s approach to crime and punishment is based on
the premise that ‘prevention is better than cure’. According
to Buddhism an individual has to take responsibility for their
own actions. A criminal is a fool, while a law abiding person
is wise. Buddhist teaching is clear about what will happen to
those who break the law.
Like most religions, the Buddhist aims of punishment
centre on reforming and rehabilitating the criminal to be a
good citizen. There should never be any motive of retaliation
or revenge.
‘Here he suffers, Hereafter he suffers. In both states the
evildoer (the criminal) suffers. Furthermore he suffers
having gone to a woeful state…..Therefore should a person
commit and evil he should not commit it again and again. He
should not find pleasure therein. Painful is the
accumulation of evil.’
1). What is the central idea behind Buddhist views on crime
and punishment?
2). How could the principle ‘prevention is better than cure’
be put into practice. Think of three measures Buddhists
might support.
3). Why do you think Buddhists see a criminal as a fool and
the law abiding person as wise?
Christianity
Biblical teaching
The Old Testament- “Show no pity: life for life, eye for eye,
tooth for tooth, hand for hand, foot for foot.”
(Deuteronomy 19:21)
The New Testament- Jesus taught, “Do not take revenge on
someone who wrongs you. If anyone slaps you on the right
cheek, let him slap your left cheek too.” (Matthew 6:38-39)
“Love your enemies and pray for those who persecute you.”
(Matthew 5:45)
A woman was about to be stoned to death because she had
been caught committing adultery, but Jesus said to the
people who were waiting to kill her: “If any one of you is
without sin, let him be the first to throw a stone at her.”
(John 8:7)
1). Read the passages from the Old and New Testaments.
What is the main difference?
2).What do you think Jesus was trying to teach through his
story of the woman who had committed adultery?
3). How might Christians put these teachings into practice?
Judaism
Traditional Jewish punishments were intended to be
harsh but fair.
The scriptures insisted that anyone
suspected of a crime be given a fair trial. The most serious
of crimes, such as murder, were to be punished by execution.
There was very strict and thorough cross-examination of
witnesses and a potential criminal had to be warned of the
possible punishment before committing the crime. If all the
judges agreed on a verdict it was felt likely that they were
prejudiced and that the verdict was wrong. Therefore it was
almost impossible to reach a death verdict. The punishments
carried out in Israel today are not those laid down by the
Torah and Talmud. In all instances, Jewish law tries to limit
the punishment and safeguard the criminal so that violence
and suffering is kept to a minimum.
1). What were
punishments?
the
main
aims
of
traditional
Jewish
2). Why were many of the harsh punishments never carried
out?
3). How, and why, does Jewish law try to keep suffering to a
minimum?
Hinduism
In ancient India, kings and judges were guided by the law
books and other Hindu scriptures, which set out the rules
for of behaviour for all classes and gave guidelines for
punishment and correction for different crimes. They say
that rulers have a duty to protect their subjects and punish
offenders so that the population could carry out its lawful
business without fear of crime. Rulers controlled criminal
behaviour by punishments, including the death penalty.
Punishment had three components: retribution, restraint and
reformation.
In India, the law as it is understood in the West cannot
be separated from the wider context of dharma, Hindus see
crime as a sin. It is an act against dharma and the natural
order of creation. Dharma is difficult to translate into one
English word; it means all of these things: religion, justice,
moral law, duty, right, the natural order of things.
Actions result in karma. Karma, the law of action and
reaction determines the future life of a Hindu; thus a good
life will create good karma and a happy future life, while a
sinful life will create bad karma and result in an unhappy life
to come.
1). How do Hindus view crime?
2). How was punishment decided in ancient India?
3). According
experience?
to
Hindu
thought,
what
will
criminals